Sanitation Districts of Los Angeles County (PERB 2656M)

________________________
STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
AMERICAN FEDERATION OF STATE,
COUNTY & MUNICIPAL EMPLOYEES,
COUNCIL 36,
Charging Party,
v.
SANITATION DISTRICTS OF LOS ANGELES
COUNTY,
Respondent.
Case No. LA-CE-1206-M
PERB Decision No. 2656-M
July 11, 2019
Appearances: Rothner, Segall & Greenstone by Daniel B. Rojas, Attorney, for American
Federation of State, County & Municipal Employees, Council 36; Musick, Peeler & Garrett by
William J. Tebbe, Attorney, for Sanitation Districts of Los Angeles County.
Before Banks, Shiners, and Krantz, Members.
DECISION
KRANTZ, Member: This case is before the Public Employment Relations Board
(PERB or Board) on exceptions by American Federation of State, County & Municipal
Employees, Council 36 (AFSCME) to a proposed decision of an administrative law judge
(ALJ). The complaint alleged that Sanitation Districts of Los Angeles County (SDLAC)
violated sections 3505 and 3506.5, subdivision (c), of the Meyers-Milias-Brown Act
(MMBA)1 by unilaterally withholding an annual cost-of-living salary increase without
satisfying SDLAC’s obligation to meet and confer with AFSCME over the decision. The ALJ
dismissed the complaint and underlying unfair practice charge. AFSCME excepted to the
proposed decision.
1 The MMBA is codified at Government Code section 3500 et seq. Unless otherwise
indicated, all statutory references are to the Government Code.

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While AFSCME’s exceptions were pending before the Board, AFSCME notified the
Board that the parties had settled the instant dispute. AFSCME requested that it be permitted
to withdraw its exceptions with prejudice.
As part of the Board’s authority to take any action in a pending case that the Board
deems necessary to discharge its duties and effectuate the purposes of the labor relations laws
that PERB enforces, the Board has discretion to grant or deny requests to withdraw and dismiss
cases pending before the Board itself. (EERA, § 3541.3, subds. (i) and (n);2 MMBA, § 3509,
subd. (a); City of Santa Rosa (Fire Department) (2019) PERB Decision No. 2653-M, p. 2
(Santa Rosa).) The Board finds withdrawal of AFSCME’s exceptions with prejudice to be
consistent with the MMBA’s purpose of promoting harmonious labor relations. (Santa Rosa,
p. 2.) Accordingly, the Board grants AFSCME’s request to withdraw with prejudice its
exceptions to the proposed decision in Case No. LA-CE-1206-M. We further direct that this
matter is closed and that no further action be taken in this case.
ORDER
The request by American Federation of State, County & Municipal Employees,
Council 36 to withdraw with prejudice its exceptions to the proposed decision in
Case No. LA-CE-1206-M is hereby GRANTED. We further direct that this matter is closed
and that no further action be taken in this case.
Members Banks and Shiners joined in this Decision.
2 The Educational Employment Relations Act (EERA) is codified at section 3540 et
seq.
2